The arbitrator’s award is binding and may be entered as a judgment in any court
of competent jurisdiction. You may choose to engage in arbitration hearings by
telephone or, if you and we both agree, to conduct it online, in lieu of appearing
live. Arbitration hearings not conducted by telephone or online shall take place in
a location reasonably accessible from your primary residence, or in Orange County,
California, at your option.
a. Initiation of Arbitration Proceeding: If either you or Epson decides to arbitrate
a Dispute, both parties agree to the following procedure:
i. Write a Demand for Arbitration: The demand must include a description
of the Dispute and the amount of damages sought to be recovered. You
can find a copy of a Demand for Arbitration at http://www.jamsadr.com
(“Demand for Arbitration”).
ii. Send three (3) copies of the Demand for Arbitration, plus the appropriate
filing fee, to: JAMS, 500 North State College Blvd., Suite 600, Orange, CA
92868, U.S.A.
iii. Send one (1) copy of the Demand for Arbitration to the other party (at
the same address as the notice of a dispute, above in Section D(2)), or as
otherwise agreed by the parties
b. Hearing Format: During the arbitration, the amount of any settlement
offer made shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Epson is entitled. The discovery
or exchange of non-privileged information relevant to the Dispute may be
allowed during the arbitration.
7. 30 Day Opt-out Right: You may elect to opt-out (exclude yourself) from the
final, binding, individual arbitration procedure and waiver of class proceedings
set forth in Section D of this Agreement by sending a written letter to the
Epson address listed above in Section D(2) within 30 days of your assent to this
Agreement that specifies (i) your name, (ii) your mailing address, and (iii) your
request to be excluded from the final, binding, individual arbitration procedure
and waiver of class proceedings specified in this Section D. In the event that you
opt-out consistent with the procedure set forth above, all other terms set forth
in the Agreement shall continue to apply, including the requirement to provide
notice prior to litigation. If you opt-out of these arbitration provisions, Epson will
also not be bound by them.
8. Amendments to Section D: Notwithstanding any provision in this Agreement to
the contrary, you and Epson agree that if Epson makes any future amendments to
the dispute resolution procedure and class action waiver provisions (other than a
change to Epson’s address) in this Agreement, Epson will obtain your affirmative
assent to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute
between the parties in accordance with the language of this Section D (or resolve
disputes as provided for in Section D(7), if you timely elected to opt-out when you
first assented to this Agreement).
9. Severability: If any provision in this Section D is found to be unenforceable, that
provision shall be severed with the remainder of this Agreement remaining in full
force and effect. The foregoing shall not apply to the prohibition against class
actions as provided in Section D(5). This means that if Section D(5) is found to be
unenforceable, the entire Section D (but only Section D) shall be null and void.
E. DISCLAIMER OF WARRANTIES: THE WARRANTY AND REMEDY PROVIDED ABOVE
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME LAWS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN
ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD
IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION
MADE BY ANY OTHER PERSON OR FIRM ARE VOID. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
F. EXCLUSION OF DAMAGES; EPSON’S MAXIMUM LIABILITY: IN NO EVENT SHALL EPSON
OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, OR ANY LOST PROFITS, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME,
CLAIMS OF THIRD PARTIES, OR INJURY TO PROPERTY, RESULTING FROM THE USE
OR INABILITY TO USE THE EPSON PRODUCT, WHETHER RESULTING FROM BREACH
OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS
AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL
RETAIL PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
G. Other Provisions
1. Other Rights You May Have: This Limited Warranty gives you specific legal rights,
and you may also have other rights which vary from jurisdiction to jurisdiction.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to
you.
2. Governing Law: Except for claims subject to arbitration pursuant to Section D,
you and Epson agree that the law of the state or country where you reside shall
govern.
3. Jurisdiction: Except for claims subject to arbitration pursuant to Section D, in the
event of a dispute you and Epson both consent to the jurisdiction of the courts
in your state of residence or, if you do not reside in a state, then of the courts in
Orange County, California.
To find the Epson Authorized Reseller nearest you, please visit www.epson.com in the
U.S. or www.epson.ca in Canada.
To find the Epson Customer Care Center nearest you, please visit
www.epson.com/servicecenterlocator in the U.S. or www.epson.ca/servicecenterlocator in
Canada.
To contact the Epson ConnectionSM, please call (800) 637-7661 or (562) 276-4394 in the
U.S. and (905) 709-3839 in Canada.
Optional accessories
For a list of optional accessories, see the online User’s Guide.
You can purchase screens or other accessories from an Epson authorized
reseller. To find the nearest reseller, call 800-GO-EPSON (800-463-7766).
Or you can purchase online at http://epsonstore.com (U.S. sales) or
http://epsonstore.ca (Canadian sales).
Notices
Supplier’s Declaration of Conformity
According to 47CFR, Part 2 and 15, Class B Personal Computers and Peripherals; and/or
CPU Boards and Power Supplies used with Class B Personal Computers:
We: Epson America, Inc.
Located at: 3131 Katella Ave.
Los Alamitos, CA 90720
Telephone: (562) 981-3840
Declare under sole responsibility that the product identified herein, complies with
47CFR Part 2 and 15 of the FCC rules as a Class B digital device. Each product marketed,
is identical to the representative unit tested and found to be compliant with the
standards. Records maintained continue to reflect the equipment being produced can
be expected to be within the variation accepted, due to quantity production and testing
on a statistical basis as required by 47CFR § 2.906. Operation is subject to the following
two conditions: (1) this device may not cause harmful interference, and (2) this device
must accept any interference received, including interference that may cause undesired
operation.
Trade Name: Epson
Type of Product: LCD Projector
Model: HA85A
Marketing Name: CO-FH02
Epson America, Inc. Limited Warranty
One-Year Projector Limited Warranty
A. What Is Covered: Epson America, Inc. (“Epson”) warrants to the purchaser of the
Epson product enclosed with this limited warranty statement that the product, if
purchased new and operated in the United States, Canada, or Puerto Rico, will be free
from defects in workmanship and materials for a period of one (1) year from the date
of original purchase. For warranty service, you may be required to provide proof of
the date of original purchase.
B. What Epson Will Do To Correct Problems: If your product requires service during the
limited warranty period, please call Epson at the number at the end of this statement
and be prepared to provide the model, serial number, and date of original purchase.
This line will be answered during Epson’s regular support hours (currently 7:00 am
to 4:00 pm, Pacific Time, Monday through Friday—subject to change without notice).
If Epson confirms warranty service is required, Epson will, at its option, repair or
replace the defective unit without charge for parts or labor. If Epson authorizes
an exchange for the defective unit, Epson will ship a replacement product to you,
freight prepaid, as long as you use an address in the United States, Canada, or Puerto
Rico. The replacement product may be new or refurbished to the Epson standard of
quality. (The replacement product may not include promotional materials, accessories,
documentation, manuals, software, or cables.) You are responsible for securely
packing the defective unit and returning it to Epson within five (5) working days of
receipt of the replacement. Epson requires a debit or credit card number to secure
the cost of the replacement product in the event that you fail to return the defective
one. If Epson authorizes repair instead of exchange, Epson will direct you to send
your product to Epson or its authorized service center, where the product will be
repaired and sent back to you. You are responsible for packing the product and for
all postage and shipping costs to and from the Epson authorized service center. When
warranty service involves the exchange of the product or of a part, the item replaced
becomes Epson property. If service cannot be provided on the product for any reason
during the term of this agreement and Epson no longer sells the same model, Epson
will replace the product with a model of equal or superior value. Epson’s liability for
replacement of the covered product will not exceed the original retail selling price of
the covered product. Replacement products or parts assume the remaining warranty
period of the product covered by this limited warranty.
C. What This Warranty Does Not Cover
1. Any damage caused by misuse, abuse, improper installation, or neglect; disasters
such as fire, flood, or lightning; or improper electrical currents, software, or
interaction with non-Epson products.
2. Any damage caused by or any service for third-party software, applications, parts,
components, or peripheral devices added to the product after its shipment from
Epson, such as dealer- or user-added boards, components, or cables.
3. Any damage caused by installing the product next to a heat source or directly in
the path of an air vent or an air conditioner.
4. Damage due to excessive, continual usage.
5. Damage caused by failure to properly maintain the product (see your User’s Guide
for details).
6. Service when the product is used outside the U.S., Canada, or Puerto Rico.
7. Service if the product label, logo, rating label, or serial number has been removed.
8. Consumables such as filters or any items that are identified as being replaceable
by the user in the product documentation (see your User’s Guide for details).
9. Loss of data.
EPSON is a registered trademark and EPSON Exceed Your Vision is a registered logomark of Seiko Epson
Corporation.
PrivateLine is a registered trademark and Epson Connection is a service mark of Epson America, Inc.
Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.
Mac is a trademark of Apple Inc., registered in the U.S. and other countries.
Google is a registered trademark and Google Assistant, Google Play, YouTube, and Android TV are trademarks
of Google LLC.
Netflix is a registered trademark of Netflix, Inc.
General Notice: Other product names used herein are for identification purposes only and may be trademarks
of their respective owners. Epson disclaims any and all rights in those marks.
This information is subject to change without notice.
© 2022 Epson America, Inc., 4/22
Printed in XXXXXX CPD-62248
10. Installation or removal.
11. Any damage from service performed by anyone other than an Epson-authorized
servicer.
12. Damage resulting from operation or storage in areas with smoke, oil, high
humidity, steam, corrosive gases or chemicals, excessive dust, vibration, or shock.
13. Cosmetic damage caused by handling or normal wear and tear during use.
14. Any product or parts purchased as used, refurbished, or reconditioned.
15. Any damage caused by using improper packaging materials or improper packing
and shipping when returning a product for repair or replacement. You will be
invoiced for such shipping damage to the product.
This warranty is not transferable. Epson is not responsible for your data or
applications, which cannot be restored and should be backed up by you. Postage,
insurance, or shipping costs incurred in presenting your Epson product for carry-in
warranty service are your responsibility. If a claimed defect cannot be identified or
reproduced in service, you will be held responsible for costs incurred.
D. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND
CLASS ARBITRATIONS
1. Disputes: The terms of this Section D shall apply to all Disputes between you and
Epson. The term “Dispute” is meant to have the broadest meaning permissible
under law or in equity and includes any dispute, claim, controversy, or action
between you and Epson arising out of or relating to this Agreement (including
its formation, performance, or breach), the Software, Epson Hardware, the
parties’ relationship with each other, and/or any other transaction involving you
and Epson, whether in contract, or with respect to warranty, misrepresentation,
fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or
equitable basis. However, a “Dispute” does not include a claim or cause of action
for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright
infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). You
and Epson also agree, notwithstanding Section D, that a court, not an arbitrator,
may decide if a claim or cause of action is for an IP Claim.
2. Initial Dispute Resolution: Before submitting a claim for arbitration in accordance
with this Section D, you and Epson agree to try, for 60 days, to resolve any Dispute
informally. If Epson and you do not reach an agreement to resolve the Dispute
within the 60 days, you or Epson may commence an arbitration in accordance with
Section D(6). Notice to Epson must be addressed to: Epson America, Inc., ATTN:
Legal Department, 3131 Katella Ave., Los Alamitos, CA 90720. Any notice of the
Dispute shall include the sender’s name, address and contact information, the
facts giving rise to the Dispute, and the relief requested. Any notice sent to you
will be sent to the most recent address Epson has in its records for you. For this
reason, it is important to notify us if your address changes by emailing us at
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section D(2).
3. Binding Arbitration: If we do not reach an agreed upon solution within a period
of 60 days from the time informal dispute resolution is pursued pursuant to
Section D(2) above, then either party may initiate binding arbitration. You and
Epson agree that all Disputes shall be resolved by binding arbitration according
to this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO
A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR RIGHT TO DISCOVERY
AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to
this Agreement, binding arbitration shall be administered by JAMS, a nationally
recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration
Rules and Procedures or its applicable code of procedures then in effect for
consumer related disputes, but excluding any rules that permit class arbitration
(for more detail on procedure, see Section D(6) below). You and Epson understand
and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs
the interpretation and enforcement of this Section D, (b) this Agreement
memorializes a transaction in interstate commerce, and (c) this Section D shall
survive termination of this Agreement.
4. Exception—Small Claims Court: Notwithstanding the parties’ agreement to
resolve disputes through arbitration, you or we may bring an individual action
in the small claims court of your state or municipality if the action is within that
court’s jurisdiction and is pending only in that court.
5. WAIVER OF CLASS ACTION AND CLASS ARBITRATION: YOU AND EPSON AGREE
THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN
INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR CLASS ARBITRATION.
If any court or arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration can
proceed on a class basis, then the arbitration provision set forth herein shall be
deemed null and void in its entirety and the parties shall be deemed to have not
agreed to arbitrate disputes.
6. Arbitration Procedure: If you or Epson commences arbitration, the arbitration shall
be governed by the JAMS Streamlined Arbitration Rules and Procedures or the
applicable rules of JAMS that are in effect when the arbitration is filed, excluding
any rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this Agreement. All Disputes shall be resolved by a single neutral
arbitrator, which shall be selected in accordance with the JAMS Streamlined
Arbitration Rules and Procedures, and both parties shall have a reasonable
opportunity to participate in the selection of the arbitrator. The arbitrator is
bound by the terms of this Agreement. The arbitrator, and not any federal, state,
or local court or agency, shall have exclusive authority to resolve all disputes
arising out of or relating to the interpretation, applicability, enforceability,
or formation of this Agreement, including any claim that all or any part of
this Agreement is void or voidable. Notwithstanding this broad delegation of
authority to the arbitrator, a court may determine the limited question of whether
a claim or cause of action is for an IP Claim, which is excluded from the definition
of “Disputes” in Section D(1) above. The arbitrator shall be empowered to grant
whatever relief would be available in a court under law or in equity. In some
instances, the costs of arbitration can exceed the costs of litigation, and the right
to discovery may be more limited in arbitration than in court. Each party will have
the right to use legal counsel in connection with arbitration at its own expense.
